Divorce and Appellate Attorney
Going through divorce is difficult enough and choosing the right divorce attorney is one of the most important decisions you will make. Your decisions during your divorce will impact the rest of your life. Even after a divorce is finalized, either spouse has the right to appeal the judgment, challenge the stipulation of settlement, or seek a modification of support. You need straight answers and a lawyer with the experience and skills to obtain the solution that is right for you.
Matrimonial Appeals Attorney
A experienced appeals attorney will be able to craft a strong brief which will focus on errors made by the trial judge. An effective brief will be able to convey complex matters in a clear fashion to allow the appellate division to focus on the legal analysis. For over 25 years, we have successfully represented individuals in appeals.
Foreclosure Defense Lawyer
Many times divorces go hand in hand with foreclosures, and a qualified foreclosure attorney who is well versed in foreclosure law can identify those times when it is possible to increase the size of the marital estate when a foreclosure may be stopped. Since 2010, J. Douglas Barics has been providing representation to individuals in need of a foreclosure defense.
Holistic Legal Services
Asking questions is easy. Finding the right lawyer to assist you in finding the right questions to ask is important. If you or someone you know needs an attorney, feel free to reach out and ask for help.
At both trial and appellate level, you are provided with an experienced divorce lawyer. With extensive experience in equitable distribution, custody, child support and maintenance, you will be provided with assistance every step of the way. While the vast majority of matrimonial cases wind up settling, a fair family law agreement can only occur when both parties negotiate in good faith and both are on equal footing. You will be advised how to protect your rights, no matter how complex your case may be.
Appellate litigation requires a very different set of skills. Every appeal must identify reversible errors and construct arguments are most likely to succeed. For over two decades, the appellate practice has focused on individuals who face complex issues. Many clients seek our assistance for the first time on an appeal who need relief from an unjust order, or to defend against an appeal. Whatever the setting, you are provided with the knowledge and skill to protect your interests, no matter how complex the issues are in the appeal.
In order to foreclose on a home in New York, a judgment of foreclosure must be obtained. This means the lender must bring an action to foreclose in Supreme Court. In order to prevail, the lender must meet numerous requirements, and homeowners may have additional protection as well. If the lender cannot meet all requirements mandated by law, the entire foreclosure can be dismissed. Under some circumstances, the lender may be required to reimburse the legal fees of the homeowner if the homeowner prevails.
An estate is a legal entity which is created to hold property and assets of a deceased individual whose property does not otherwise pass to others. When someone dies with a will, the will is probated and a testator is appointed to manage the estate. When there is no will, the estate is administered, and an administrator is appointed to manage the estate.
When property is owned by two or more people, each owner has a right to force a sale of the property. When owners cannot agree to dispose of jointly held property, any one can request a court partition the property into individual lots, or if that is not possible, compel a sale by court order. In simple terms, people cannot be compelled to own property with someone else.
A constructive trust is a remedy to prevent one person from becoming unjustly enriched when they hold property on behalf of another person and refuse to give it back. Constructive trusts can be brought as a separate action or combined with a matrimonial action as a separate cause of action. They are extremely useful if equitable distribution does not apply.
I had an attorney and was not happy with her services. I consulted several lawyers, all of whom wanted my case for a significant retainer. I consulted with Mr. Barics who reviewed my case, and said that my current counsel was properly representing me. He explained in detail what should be done and what to do if the judge didn't do what she was supposed to do. I was ready to change lawyers, and Mr. Barics was high on the list. However, his honesty in telling me to stay with my current counsel and declining to accept a large retainer is worthy of mention. I stayed with my existing attorney, and the case proceeded nearly exactly how Mr. Barics predicted it would. I did not retain Mr. Barics then, but I am impressed he would decline a client when he felt the client was properly represented with current counsel. My former attorney has since retired and if I need new counsel Mr. Barics would be my first choice.
Doug has worked on my case tirelessly for over a year. His knowledge of the law and consideration of an exceedingly delicate situation has been extraordinary. He has both been incredibly professional and personable. I would recommend Doug to anyone who is in need of someone that is both caring and requires an attorney who is well-versed in the nuances of the law. In my case, Doug was able to change a seemingly impossible situation - an "onion that needed to be peeled layer by layer" as he put it. He is very thoughtful of the fact that my ex is extremely abusive and helped prepare me for what abusers typically make their next steps. In doing so, I have been better able to care for my children in devastating circumstances. He also has helped me better understand the legal process and what is typical vs atypical in the court room. Having that background, the legal jargon and proceedings were easier to comprehend in what has previously been very overwhelming. While my case is not finished yet, I expect Doug to keep fighting with the veracity and intelligence that he has exhibited thus far and will post again at the conclusion of my case! I think the best I can say so far is thank you for everything Doug!
I retained Mr. Barics to handle my case and the outcome was better than he had predicted when we first met. He took the time to learn about my situation and learned all the facts inside and out. His representation was cost effective and his communication was prompt and fast. Many thanks to Mr. Barics
Divorce and Appeal Resources
The following resources are provided by J. Douglas Barics. All articles are written exclusively by Mr. Barics. Each article references controlling statutes and case law, which is also provided for review. These articles are provided for information only and are not a substitute for legal advice.
Mr. Barics represents individuals in matrimonial and family law matters in both trials and appeals.
For Attorneys: Mr. Barics is also retained to be appellate counsel by counsel, and as a consultant on complex legal issues. New attorneys are welcome to contact Mr. Barics as well on any matter in which they need guidance.
Many cases and articles refer to various statutes. Select provisions of the Domestic Relations Law and the CPLR are presented here to allow for better understanding of the law. Rules for Appellate Practice are available as well.
Select cases are presented here for review. Cases are organized by topic - appellate procedure, equitable distribution, custody, child support and more. An understanding of fundamental case law is helpful in understanding how statutes are interpreted. Cases law is ever evolving as new fact patters not previously covered are litigated and decided.